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Choice of Law and Conflict of Laws  

Erin O'Hara-O'Connor

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter explores the contribution of law and economics to conflict of laws, including choice of law, personal jurisdiction, and judgment recognition and enforcement. Consistent with ... More

The Constitutional Frameworks of State and Local Government Finance  

John Kincaid

Print publication date:
Mar 2012
Online publication date:
Sep 2012
This article provides a primer of the fiscal frameworks set forth in the US Constitution and the fifty state constitutions. Recognizing that neither the United States nor any constituent ... More

Corporate Liabilities: A Genealogy of Business Accountability under International Criminal Law  

Kim Christian Priemel

The debate on how to rein in transnational corporate power has greatly intensified over the past decades. Following a series of scandals, conflicts, and crises, civil rights activists, ... More

Democratic Rulemaking  

John M. de Figueiredo and Edward H. Stiglitz

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter examines to what extent agency rulemaking is democratic. It identifies four major theoretical approaches to administrative rulemaking: the unitary executive theory, ... More

The Design of Constitutions  

Tom Ginsburg

Print publication date:
Apr 2017
Online publication date:
May 2017
Constitutions have been a central topic for the economic analysis of law since Buchanan and Tullock (1961) introduced the discipline of constitutional political economy. From the outset ... More

Economics of Ancient Legal Systems  

Geoffrey Parsons Miller

Print publication date:
Apr 2017
Online publication date:
May 2017
The economic analysis of ancient legal systems is fundamentally similar to the economic analysis of modern law. The researcher observes a data set of legal materials and seeks to explain ... More

Economics of Civil Procedure  

Robert G. Bone

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter examines the law-and-economics approach to civil procedure. It argues that law and economics offers tools and insights that are relevant, indeed critical, to designing an ... More

Economics of Criminal Law: Crime and Punishment  

Isaac Ehrlich

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter discusses the economic approach to crime. By applying the tools of economic analysis and econometric methodology, it serves as a unified approach for understanding illegal ... More

Economics of Criminal Procedure  

Keith N. Hylton

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter reviews the economics of criminal procedure, proceeding through four topics in the literature. First, it reviews the implications of substantive criminal law theories for ... More

Economics of Federalism  

Robert P. Inman and Daniel L. Rubinfield

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter provides an overview of the political economy of federalism. The core of the chapter focuses on the classic Tiebout framework and its support for a decentralized federal ... More

Economics of International Law  

Andrew Guzman and Alan O'Neil Sykes

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter begins with a discussion of the architecture of international law. The economic analysis of international law, like virtually all writing on international law, tends to focus ... More

Economics of International Organizations  

Joel P. Trachtman

Print publication date:
Apr 2017
Online publication date:
May 2017
The essence of an international organization is the delegation of decision-making authority from individual states to the organization, representing the collectivity of member states. In ... More

Economics of Legal History  

Daniel Klerman

Print publication date:
Apr 2017
Online publication date:
May 2017
In order to make sense of the field, this survey identifies and discusses five genres of scholarship that use economics to understand legal history: 1) Works that analyze law as the ... More

Economics of Litigation  

Bruce Kobayashi

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter examines the basic model of the law and economics of litigation, focusing on private civil litigation, in particular the litigation value of a lawsuit and the incentives for ... More

Economics of Tax Law  

Daniel N. Shaviro

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter considers the question of how tax law can be designed with an eye to maximizing economic efficiency. From the standpoint of efficiency, no lump-sum tax is better than any ... More

Enforcement of International Law  

Paul B. Stephan

Print publication date:
Apr 2017
Online publication date:
May 2017
This chapter examines the issue of international law enforcement. The absence of an international state means that international law relies principally on complex enforcement mechanisms, ... More

Ethics and the Government Economist  

Susan Offutt

Print publication date:
Apr 2016
Online publication date:
Mar 2014
Public service is a calling distinct from academic education and research or business pursuits. For the career federal economist, the imperative to serve the public interest in a complex ... More

Federal Preemption of Revenue Autonomy  

James R. Eads

Print publication date:
Mar 2012
Online publication date:
Sep 2012
Citing the evolving limits on the power of state and local government to tax, this article catalogues the major federal preemptions (more than half of which have been enacted since 1969) ... More

Federalism Trends, Tensions, and Outlook  

Timothy J. Conlan and Paul L. Posner

Print publication date:
Mar 2012
Online publication date:
Sep 2012
This article details the development of the US federal system over the past two and a half centuries. It not only establishes the proposition that if one is to understand the history of ... More

Guns and Crime  

Anthony A. Braga

Print publication date:
Apr 2017
Online publication date:
May 2017
Thousands of Americans are killed by gunfire each year, and hundreds of thousands more are injured or threatened with guns in robberies and assaults. The burden of gun violence in urban ... More

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